Posted on April 04, 2022 in Divorce

Before a divorce can be completed, divorcing spouses must address multiple issues including the division of marital assets and debts, parental responsibilities, parenting time, and spousal support. Some spouses are able to reach a decision through alternative resolution methods like mediation. Others can negotiate a settlement through their attorneys. However, when all else fails, a divorce case may advance to trial. Whether you have just filed for divorce or you are well into the process, it is important to know how divorce trials work in Illinois.

Divorce Discovery and Pretrial Conferences Precede a Divorce

Before a divorce goes to trial, the attorneys will gather all the relevant facts and information. There may be depositions, requests for production of documents, interrogatories, and more. The attorneys will use the information to develop their arguments.

Continue Reading ››

 Posted on March 29, 2022 in Divorce

Taxes are probably the last thing on your mind if your marriage is ending. You may be more focused on the immediate financial implications of the split, the divorce’s effect on your children, ownership of the marital home, and other issues. However, divorce can have major tax implications for both spouses. Read on to learn about some of the top tax-related issues Illinois couples encounter when they divorce.

Tax Implications of Property Division

You and your spouse will need to value and divide your shared property in your divorce. The way you distribute property can have certain tax advantages and disadvantages. Usually, property transfers during divorce are non-taxable events. However, each case is different, and you may decide to forgo the opportunity for tax-free transfers if there is an advantage to doing so. There can also be major tax implications associated with retirement assets and liabilities like capital losses and charitable deductions.

Continue Reading ››

 Posted on March 28, 2022 in Divorce

Autism Spectrum Disorder symptoms can vary dramatically. Many children with autism struggle with social interactions, sensory overload, and changes in schedules and routines. Some are able to communicate these struggles to parents, teachers, and caretakers. Others are completely non-verbal. Whatever symptoms your child deals with, divorce is sure to have a major impact on your child.

As a parent of a child with autism or Asperger’s, it is important to know your options during divorce.

Parenting Plans for Children With Autism

Kane County parents who divorce will be asked to write up a parenting plan that describes how they will fulfill parenting duties. A detailed, well-written parenting plan can help you and the other parent ensure you are on the same page about parenting matters. A strong parenting plan can also promote consistency – something extremely important for children with autism. Your parenting plan will include information about:

Continue Reading ››

 Posted on March 22, 2022 in Divorce

Spousal support, spousal maintenance, and alimony are all terms used to describe financial support paid by one spouse to the other after divorce. Spousal support can be a significant source of financial relief to those who receive it. However, it can also be a major expense for the paying spouse. Whether you are the primary earner in your marriage or you intend to seek spousal support for yourself, it is important to understand how spousal support works in Illinois divorce cases.  

Spousal Maintenance is Usually Ordered for a Limited Time

In most cases, spousal maintenance is temporary. The spouse receives financial assistance in the form of maintenance until he or she is able to become self-sustaining. If the marriage lasted more than 20 years, permanent maintenance might be ordered. However, spousal maintenance always terminates if the recipient gets remarried or the paying spouse dies.

Continue Reading ››

 Posted on March 21, 2022 in Divorce

Whether you live in a house, flat, apartment, or condominium, a home is often much more than a physical living space. In the midst of a turbulent marital breakdown, a home can become a place of refuge and familiarity. Understandably, many people are hesitant to give up their homes in a divorce. Some blindly fight for ownership of the home without considering the short and long-term consequences of homeownership as a divorced individual. If you are getting divorced, consider the following questions when deciding what to do with the marital home.

What is the Home Worth?

Before you can determine whether to keep the home or sell it, you must understand what the home is worth. In many situations, the best way to accurately value the home is to get the home professionally appraised. Make sure to consider not only the current market value but also the future value of the home based on the neighborhood and housing market.

Continue Reading ››

 Posted on March 17, 2022 in Family Law

Divorced and unmarried individuals in Illinois are often subject to child support orders. When the court orders child support, it is not a suggestion. The paying spouse or “obligor” is required by law to pay the child support. Failure to pay the support in full can lead to significant consequences. Court orders for spousal support, also called spousal maintenance or alimony, are the same. If you are required to pay child support or spousal support and fail to make payments, your wages may be garnished.

Wage Garnishment for Unpaid Support in Illinois

The term “wage garnishment” refers to the act of taking a portion of someone’s paycheck to pay debt or financial obligations. Illinois law clearly states that wage garnishment may be necessary if someone refuses to pay his or her child support or spousal support obligation. A non-paying parent may also be subject to property liens, driver’s license suspension, interception of tax returns, and other consequences. In some cases, a parent who fails to fulfill his or her support obligation may even be held in contempt of court. The parent could be sentenced to up to six months in jail.

Continue Reading ››

 Posted on March 15, 2022 in Divorce

Divorce is rarely a pleasant experience, but most people expect their spouse to participate and cooperate to at least some degree. Unfortunately, some spouses make the divorce process much harder by refusing to participate. Some may leave the state or even travel out of the country to avoid divorce.

If you want to get divorced but you cannot find your spouse to serve the petition or your spouse refuses to sign divorce papers, you may be feeling frustrated and lost. Illinois law recognizes that some spouses are not able to be located or refuse to participate in the divorce proceedings. In cases like these, spouses may be able to serve notice of the divorce by publication and seek a default judgment.

Seeking a Divorce by Publication Because You Cannot Locate Your Spouse  

The person who initiates the divorce is called the petitioner. It is the petitioner’s job to "serve" or deliver the divorce petition to the other spouse, called the respondent. Some divorcing spouses are able to simply hand over the paperwork to the other spouse. The spouse may send the summons through certified mail or use a designated server such as a county sheriff to deliver the divorce paperwork.

Continue Reading ››

 Posted on March 14, 2022 in Divorce

Children greatly complicate divorce. Many divorcing parents worry about how the split will affect their kids. They also worry about how to manage a co-parenting relationship with their soon-to-be-ex. Parenting is already challenging enough. Parenting with someone to whom you used to be married is even harder.

Experts agree that children need predictability and consistency to feel safe. Finding a co-parenting strategy that works for you and your children and sticking with it is one of the best things you can do to help your children during this difficult time.

Traditional Co-Parenting Styles

Many divorcing parents remain on relatively good terms with each other. Although they no longer want to be married, they are able to remain respectful and cooperative for the sake of their children. Some co-parents are able to attend school functions, parent-teacher conferences, or even family vacations together.

Continue Reading ››

 Posted on March 09, 2022 in Divorce

In 1989, about ten percent of stay-at-home parents were men. That number had nearly doubled by 2016. As traditional gender roles fade and families take unique approaches to raising children and maintaining a home, more and more men are choosing homemaking and family life over a career. Furthermore, about 30 percent of modern wives make more money than their husbands.

If you are getting divorced, you may be worried about the financial consequences of ending your marriage. If you are disabled, out of work, or have chosen to sacrifice your career in lieu of family or household responsibilities, you may be dependent on your spouse’s income to make ends meet. Fortunately, divorcing men may be entitled to alimony or spousal maintenance.

Divorcing Husbands May Be Entitled to Spousal Support

Alimony, spousal support, and spousal maintenance are all terms used to describe payments that a spouse makes to the other spouse after divorce. Traditionally, the payers of spousal maintenance were men, and the recipients were women. However, men have the same right to spousal support as women. Federal and Illinois state laws do not discriminate against divorcing spouses on the basis of gender.

Continue Reading ››

 Posted on March 07, 2022 in Divorce

Johns Hopkins Medicine reports that approximately 26 percent of adults in the United States have some form of mental illness. Depression and anxiety are some of the most common psychological problems experienced by Americans.  Panic disorder, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), and schizophrenia are less common, but these illnesses still affect millions of Americans.

If you or a family member suffer from a mental illness, you may wonder how the illness can influence divorce, parentage, child custody, or other family law matters. Read on to learn more.

Mental Illness in Divorce Proceedings

There are no longer fault-based grounds for divorce in Illinois, so mental illness is not listed as a reason for the divorce. However, a spouse’s mental illness can influence a divorce case. When a spouse has a mental illness, he or she may be less capable of participating in mediation or divorce-related negotiations. The spouse may struggle with court paperwork or procedures.

Continue Reading ››